Terms of Use
AGREEMENT BETWEEN USER AND ISHTEX Textile Products, Inc.
The ISHTEX Textile Products, Inc. Web Site is comprised of various Web pages operated
by ISHTEX Textile Products, Inc. The ISHTEX Textile Products, Inc. Web Site is offered
to you conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein. Your use of the ISHTEX Textile Products, Inc.. Web
Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
ISHTEX Textile Products, Inc.. reserves the right to change the terms, conditions,
and notices under which the ISHTEX Textile Products, Inc. Web Site is offered, including
but not limited to the charges associated with the use of the ISHTEX Textile Products,
Inc. Web Site.
LINKS TO THIRD PARTY SITES
The ISHTEX Textile Products, Inc. Web Site may contain links to other Web Sites
(“Linked Sites”). The Linked Sites are not under the control of ISHTEX Textile Products,
Inc. and ISHTEX Textile Products, Inc. is not responsible for the contents of any
Linked Site, including without limitation any link contained in a Linked Site, or
any changes or updates to a Linked Site. ISHTEX Textile Products, Inc. is not responsible
for webcasting or any other form of transmission received from any Linked Site.
ISHTEX Textile Products, Inc. is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by ISHTEX Textile Products,
Inc. of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the ISHTEX Textile Products, Inc. Web Site, you warrant
to ISHTEX Textile Products, Inc. that you will not use the ISHTEX Textile Products,
Inc. Web Site for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the ISHTEX Textile Products, Inc. Web Site in any manner
which could damage, disable, overburden, or impair the ISHTEX Textile Products,
Inc. Web Site or interfere with any other party’s use and enjoyment of the ISHTEX
Textile Products, Inc. Web Site. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available or provided for
through the ISHTEX Textile Products, Inc. Web Sites.
USE OF COMMUNICATION SERVICES
The ISHTEX Textile Products, Inc. Web Site may contain bulletin board services,
chat areas, news groups, forums, communities, personal web pages, calendars, and/or
other message or communication facilities designed to enable you to communicate
with the public at large or with a group (collectively, “Communication Services”),
you agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not:
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
* Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
* Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the
rights thereto or have received all necessary consents.
* Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another’s computer.
* Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
* Conduct or forward surveys, contests, pyramid schemes or chain letters.
* Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
* Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded.
* Restrict or inhibit any other user from using and enjoying the Communication Services.
* Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
* Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
* Violate any applicable laws or regulations.
ISHTEX Textile Products, Inc. has no obligation to monitor the Communication Services.
However, ISHTEX Textile Products, Inc. reserves the right to review materials posted
to a Communication Service and to remove any materials in its sole discretion. ISHTEX
Textile Products, Inc. reserves the right to terminate your access to any or all
of the Communication Services at any time without notice for any reason whatsoever.
ISHTEX Textile Products, Inc. reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials, in
whole or in part, in ISHTEX Textile Products, Inc.’s sole discretion. Always use
caution when giving out any personally identifying information about yourself or
your children in any Communication Service. ISHTEX Textile Products, Inc. does not
control or endorse the content, messages or information found in any Communication
Service and, therefore, ISHTEX Textile Products, Inc. specifically disclaims any
liability with regard to the Communication Services and any actions resulting from
your participation in any Communication Service. Managers and hosts are not authorized
ISHTEX Textile Products, Inc. spokespersons, and their views do not necessarily
reflect those of ISHTEX Textile Products, Inc.. Materials uploaded to a Communication
Service may be subject to posted limitations on usage, reproduction and/or dissemination.
You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO ISHTEX Textile Products, Inc. OR POSTED AT ANY ISHTEX Textile
Products, Inc. WEB SITE ISHTEX Textile Products, Inc. does not claim ownership of
the materials you provide to ISHTEX Textile Products, Inc. (including feedback and
suggestions) or post, upload, input or submit to any ISHTEX Textile Products, Inc.
Web Site or its associated services (collectively “Submissions”). However, by posting,
uploading, inputting, providing or submitting your Submission you are granting ISHTEX
Textile Products, Inc., its affiliated companies and necessary sublicensees permission
to use your Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your Submission;
and to publish your name in connection with your Submission. No compensation will
be paid with respect to the use of your Submission, as provided herein. ISHTEX Textile
Products, Inc. is under no obligation to post or use any Submission you may provide
and may remove any Submission at any time in ISHTEX Textile Products, Inc.’s sole
discretion. By posting, uploading, inputting, providing or submitting your Submission
you warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE ISHTEX Textile Products, Inc. WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ISHTEX Textile
Products, Inc. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
ISHTEX Textile Products, Inc. WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE ISHTEX
Textile Products, Inc. WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL,
LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. ISHTEX Textile Products, Inc. AND/OR
ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE ISHTEX Textile Products, Inc. WEB SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR
CONDITION OF ANY KIND. ISHTEX Textile Products, Inc. AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ISHTEX Textile
Products, Inc. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ISHTEX Textile Products,
Inc. WEB SITE, WITH THE DELAY OR INABILITY TO USE THE ISHTEX Textile Products, Inc.
WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE ISHTEX Textile Products, Inc. WEB SITE, OR OTHERWISE ARISING OUT OF
THE USE OF THE ISHTEX Textile Products, Inc. WEB SITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ISHTEX Textile Products,
Inc. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ISHTEX Textile Products, Inc. WEB
SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE ISHTEX Textile Products, Inc. WEB SITE.
SERVICE CONTACT : info@ishtex.com
TERMINATION/ACCESS RESTRICTION
ISHTEX Textile Products, Inc. reserves the right, in its sole discretion, to terminate
your access to the ISHTEX Textile Products, Inc. Web Site and the related services
or any portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Washington,
U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts
in King County, Washington, U.S.A. in all disputes arising out of or relating to
the use of the ISHTEX Textile Products, Inc. Web Site. Use of the ISHTEX Textile
Products, Inc. Web Site is unauthorized in any jurisdiction that does not give effect
to all provisions of these terms and conditions, including without limitation this
paragraph. You agree that no joint venture, partnership, employment, or agency relationship
exists between you and ISHTEX Textile Products, Inc. as a result of this agreement
or use of the ISHTEX Textile Products, Inc. Web Site. ISHTEX Textile Products, Inc.’s
performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of ISHTEX Textile Products,
Inc.’s right to comply with governmental, court and law enforcement requests or
requirements relating to your use of the ISHTEX Textile Products, Inc. Web Site
or information provided to or gathered by ISHTEX Textile Products, Inc. with respect
to such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall continue
in effect. Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and ISHTEX Textile Products, Inc. with respect to the
ISHTEX Textile Products, Inc. Web Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user
and ISHTEX Textile Products, Inc. with respect to the ISHTEX Textile Products, Inc.
Web Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent an d subject to the same conditions
as other business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the ISHTEX Textile Products, Inc. Web Site are: Copyright © 2008
ISHTEX Textile Products, Inc. and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners. The example companies, organizations, products, people
and events depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be inferred. Any rights
not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.
info@ishtex.com